My Ex-Employer is denied giving my experience certificate
4 months ago
I had worked in a firm in Bangalore for a period of 3.5 years, during the end of my notice period, I had taken a leave, for an induction of my next firm. My Management thought I am working at two firm side by side and to which they abruptly told me not to come to office anymore and fired me. I tried to explain my situation to management and they were not willing to hear me, I did not get my experience certificate nor my settlement, The HR / management was not responding to me. Fast-forward 5 years from then when I contacted them for letter of recommendation or Experience certificate, they denied saying I had absconded from there and following my commitments they had to undergo lots of consumer cases and they had lost lakhs of rupees they did not file an FIR against me or blacklist me because they were indebted to my career. When I asked them why wasn't I informed about all this when I tried to contact, they said it was just so that they wish me good, they did not want to spoil my career. My 3 years of dedication to the firm my best job and I rank myself in my career as the best experience is what I got from this firm. I do not want my 3 years to go missing from my profile. How can I get back to them for my experience certificate? Yes the only thing I am asking is my experience certificate I do not want even my settlement to be provided, after that Covid did make my bankrupt.
In such a situation, it's unfortunate that your previous employer is withholding your experience certificate. To address this issue, you can consider sending a formal written request to the HR department or management, explaining your perspective and emphasizing the importance of the certificate for your career. Clearly state that you are not seeking any financial settlement but only the experience certificate. If they remain unresponsive, you may explore legal avenues, such as approaching the labor department or seeking advice from a legal professional, to assert your right to the experience certificate based on the employment you served. Having a legal professional involved can guide you on the most appropriate course of action to resolve the matter and retrieve your essential documentation.
Thankyou
The Factories Act, 1948 and the Industrial Employment (Standing Order) Rules, 1946, prohibit adult workers from engaging in dual employment. Further, rules related to dual employment have been captured under State-specific labour laws. It is not illegal however both companies should not have the clause “cannot take up work full time in some other company” Then the issue will arise when TDS is being filed by both employers will come to know and consequently you may lose both jobs. So, before joining another Company you are required to tender your resignation from the earlier company that eventually caused the overlapping of service. , A contract of employment governs the relationship between the employer and employee and both are required to discharge their contractual obligation. You left the job of the company without any notice to the employer and without serving a notice period which amounts to a breach of contract. And for that breach of contract, an employer can take legal action against you. As per Section 27 of the Indian Contract Act, 1872, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. So, regardless of the reasons behind the cessation of employment, an employee deserves a relieving letter, and in the absence of any specific stipulation in the contract of employment barring the employee from the claim of claim F & F dues, an employer cannot deny the claim out rightly without any valid reason and that may be termed as unfair labour practice. So, in the prevailing situation, if you are a workman as defined under Sec.2(s) of the I D Act. then, serving a legal notice to your employer/company, file a complaint against them for unfair labour practice before the concerned Labour Commissioner for redressal of your grievance, and apart, you can file an application u/s.33C(2) of I D Act before the concerned Labour Court claiming your dues from the employer.
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